P L D 1991 Lahore 321 (PLP)
MUHAMMAD FAROOQ ASGHAR — Petitioner Versus FEDERATION OF PAKISTAN and 4 others — Respondents
| Citation | P L D 1991 Lahore 321 (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD FAROOQ ASGHAR — Petitioner Versus FEDERATION OF PAKISTAN and 4 others — Respondents |
| Primary Law | (c) West Pakistan Arms Ordinance (XX of 1965), (1)?? Any licence may be cancelled or suspended, (d) Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in P L D 1991 Lahore 321 (PLP)?
This judgment primarily cites: (c) West Pakistan Arms Ordinance (XX of 1965), (1)?? Any licence may be cancelled or suspended, (d) Constitution of Pakistan (1973), (e) Constitution of Pakistan (1973), (a) Natural justice, principles of, (b) West Pakistan Arms Ordinance (XX of 1965) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1991 Lahore 321 (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1991 Lahore 321 (PLP) (MUHAMMAD FAROOQ ASGHAR — Petitioner Versus FEDERATION OF PAKISTAN and 4 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Zafar Iqbal Bajwa for Petitioner.
- Maqbool Illahi Malik, A.G., Farooq Bedar and Rana Muhammad Arshad, Additional Advocates-General for Respondents.
Headnotes / Summary
Such right will depend on the nature of powers, order made and the statute. [p. 326] A
S. 12(1)(b)
Constitution of Pakistan (1973), Art. 199
Cancellation by Federal Government through a notification published in official Gazette of all the licences of the prohibited bore and automatic weapons issued during the period from 1-12-1988 to 22-8-1990
Opportunity of being heard
Licenses were issued recklessly and particulars of the licencees were not available in the official record and none else but the licensees were responsible for the mess as it was duty of the licensees to submit application forms for grant of arms licence complete in every respect
Held, neither there was a provision in S. 12(1)(b) of the Ordinance for granting hearing before ordering cancellation of a licence nor it was possible as there was no way out for the Government except to cancel the whole lot in circumstances
Government had a free hand and unfettered powers in this behalf and action of cancelling licence by a notification was fully covered by the law and no exception could be taken to the same. [pp. 327, 328] B & D
S. 3(1)(a)(i)
Kalashnikov is not a weapon of self-defence but is a weapon of offence. [p. 328] C
Art. 159
Prime Minister and care-taker Prime Minister
Held, so far as the powers of the Prime Minister/Care-taker Prime Minister as head of the caretaker Government were concerned, there was no material difference between the two except that the tenure of the care-taker Prime Minister was to last till induction into office of a regularly elected Prime Minister by the new Assembly after the election. [p. 329] E
Art. 24
West Pakistan Arms Ordinance (XX of 1965), S. 12(1)(b)--Cancellation by Federal Government through a notification published in official Gazette of all the licences of.the prohibited bore and automatic weapons issued during the period 1-12-1988 to 22-8-1990
Licensee having purchased the arms after obtaining valid permission from the Federal Government to hold these arms and now the Federal Government by notification having now cancelled the same action of the Government amounted to compulsory acquisition of the weapons of a given category in violation of Art. 24, Constitution of Pakistan according to which no one could be deprived of his property without being paid compensation
High Court expected that the Government would expeditiously decide the mode of payment of compensation/price of the arms and ammunition deposited by the licensees. [p. 329] F
Judgment & Decree
(c) West Pakistan Arms Ordinance (XX of 1965)
S. 3(1)(a)(i)
Kalashnikov is not a weapon of self-defence but is a weapon of offence. [p. 328] C (d) Constitution of Pakistan (1973)
Art. 159
Prime Minister and care-taker Prime Minister
Held, so far as the powers of the Prime Minister/Care-taker Prime Minister as head of the caretaker Government were concerned, there was no material difference between the two except that the tenure of the care-taker Prime Minister was to last till induction into office of a regularly elected Prime Minister by the new Assembly after the election. [p. 329] E Kh. Ahmad Tariq Rahim v. Federation of Pakistan PLD 1991 Lah. 78 fol. (e) Constitution of Pakistan (1973)
Art. 24
West Pakistan Arms Ordinance (XX of 1965), S. 12(1)(b)--Cancellation by Federal Government through a notification published in official Gazette of all the licences of.the prohibited bore and automatic weapons issued during the period 1-12-1988 to 22-8-1990
Licensee having purchased the arms after obtaining valid permission from the Federal Government to hold these arms and now the Federal Government by notification having now cancelled the same action of the Government amounted to compulsory acquisition of the weapons of a given category in violation of Art. 24, Constitution of Pakistan according to which no one could be deprived of his property without being paid compensation
High Court expected that the Government would expeditiously decide the mode of payment of compensation/price of the arms and ammunition deposited by the licensees. [p. 329] F Zafar Iqbal Bajwa for Petitioner. Maqbool Illahi Malik, A.G., Farooq Bedar and Rana Muhammad Arshad, Additional Advocates-General for Respondents. Faqir Muhammad Khokhar, Deputy Attorney General for the Federal Government. Dates of hearing: 16th, 17th, 19th and 24th February and 5th March, 1991